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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of veterans court programs in this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 7, Health and Safety Code, is |
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amended by adding Chapter 617 to read as follows: |
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Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES |
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FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans court |
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program" means a program that has the following essential |
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characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety and to |
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protect the due process rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to a continuum of alcohol, controlled |
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substance, mental health, and other related treatment and |
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rehabilitative services; |
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(5) careful monitoring of treatment and services |
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provided to program participants; |
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(6) a coordinated strategy to govern program responses |
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to participants' compliance; |
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(7) ongoing judicial interaction with program |
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participants; |
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(8) monitoring and evaluation of program goals and |
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effectiveness; |
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(9) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(10) development of partnerships with public agencies |
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and community organizations, including the United States |
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Department of Veterans Affairs. |
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(b) If a defendant successfully completes a veterans court |
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program after notice to the attorney representing the state and a |
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hearing in the veterans court at which that court determines that a |
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dismissal is in the best interest of justice, the court in which the |
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criminal case is pending shall dismiss the criminal action against |
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the defendant and enter an order of expunction under Chapter 55, |
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Code of Criminal Procedure, regardless of whether the defendant was |
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convicted of the offense for which the defendant entered the |
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program or whether the court deferred further proceedings without |
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entering an adjudication of guilt. |
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Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. |
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(a) The commissioners court of a county may establish a veterans |
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court program for persons arrested for, charged with, or convicted |
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of any misdemeanor or felony offense. A defendant is eligible to |
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participate in a veterans court program established under this |
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chapter only if the attorney representing the state consents to the |
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defendant's participation in the program and if the court in which |
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the criminal case is pending finds that the defendant: |
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(1) is a veteran or current member of the United States |
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armed forces, including a member of the reserves, national guard, |
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or state guard; and |
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(2) suffers from a brain injury or mental illness |
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that: |
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(A) resulted from the defendant's military |
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service in a combat zone or other similar hazardous duty area; and |
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(B) materially affected the defendant's criminal |
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conduct at issue in the case. |
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(b) The court in which the criminal case is pending shall |
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allow an eligible defendant to choose whether to proceed through |
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the veterans court program or otherwise through the criminal |
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justice system. |
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(c) Proof of matters described by Subsection (a) may be |
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submitted to the court in which the criminal case is pending in any |
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form the court determines to be appropriate, including military |
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service and medical records, previous determinations of a |
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disability by a veteran's organization or by the United States |
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Department of Veterans Affairs, testimony or affidavits of other |
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veterans or service members, and prior determinations of |
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eligibility for benefits by any state or county veterans office. |
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The court's findings must accompany any docketed case. |
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Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans |
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court program established under this chapter must: |
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(1) ensure a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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program and while participating in the program; |
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(2) allow a participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; |
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(3) provide a participant with a court-ordered |
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individualized treatment plan indicating the services that will be |
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provided to the participant; and |
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(4) ensure that the jurisdiction of the veterans court |
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continues for a period of not less than six months but does not |
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continue beyond the period of community supervision for the offense |
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charged. |
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(b) A veterans court program established under this chapter |
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shall make, establish, and publish local procedures to ensure |
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maximum participation of eligible defendants in the county or |
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counties in which those defendants reside. |
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(c) This chapter does not prevent the initiation of |
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procedures under Chapter 46B, Code of Criminal Procedure. |
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Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The |
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commissioners courts of two or more counties may elect to establish |
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a regional veterans court program under this chapter for the |
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participating counties. |
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Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and |
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the speaker of the house of representatives may assign to |
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appropriate legislative committees duties relating to the |
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oversight of veterans court programs established under this |
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chapter. |
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(b) A legislative committee or the governor may request the |
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state auditor to perform a management, operations, or financial or |
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accounting audit of a veterans court program established under this |
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chapter. |
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(c) A veterans court program established under this chapter |
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shall: |
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(1) notify the criminal justice division of the |
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governor's office before or on implementation of the program; and |
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(2) provide information regarding the performance of |
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the program to that division on request. |
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Sec. 617.006. FEES. (a) A veterans court program |
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established under this chapter may collect from a participant in |
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the program: |
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(1) a reasonable program fee not to exceed $1,000; and |
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(2) a testing, counseling, and treatment fee in an |
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amount necessary to cover the costs of any testing, counseling, or |
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treatment performed or provided under the program. |
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(b) Fees collected under this section may be paid on a |
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periodic basis or on a deferred payment schedule at the discretion |
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of the judge, magistrate, or program director administering the |
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program. The fees must be: |
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(1) based on the participant's ability to pay; and |
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(2) used only for purposes specific to the program. |
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Sec. 617.007. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE |
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REQUIREMENT. (a) Notwithstanding Section 16, Article 42.12, Code |
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of Criminal Procedure, to encourage participation in a veterans |
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court program established under this chapter, the judge or |
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magistrate administering the program may suspend any requirement |
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that, as a condition of community supervision, a participant in the |
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program work a specified number of hours at a community service |
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project or projects. |
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(b) On a participant's successful completion of a veterans |
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court program, a judge or magistrate may excuse the participant |
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from any condition of community supervision previously suspended |
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under Subsection (a). |
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SECTION 2. Subsection (b), Article 55.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) Except as provided by Subsection (c) [of this section], |
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a district court may expunge all records and files relating to the |
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arrest of a person who has been arrested for commission of a felony |
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or misdemeanor under the procedure established under Article 55.02 |
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[of this code] if the person [is]: |
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(1) is tried for the offense for which the person was |
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arrested,[;
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[(2)] convicted of the offense,[;] and |
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[(3)] acquitted by the court of criminal appeals; or |
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(2) in connection with the offense for which the |
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person was arrested or charged, successfully completes a veterans |
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court program established under Chapter 617, Health and Safety |
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Code, if the court subsequently dismisses the criminal action |
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against the person under Section 617.001(b) of that chapter. |
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SECTION 3. This Act takes effect September 1, 2009. |
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